My dog was attacked by neighbor's pit bull 1/02/07 in MY backyard...his dog broke down my fence to get after my chihuahua who was injured to the tune of $3,000 in bills to date, and neighbor refuses to pay after promising day of attack. What can I do?
by 
sammy13
ANSWERS: 8
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Take them to small claims court -- Take picture's and vet bills
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The amount of damages may be too great to file a small claims suit against your neighbor. You can definitely file a civil action against him to recoup your damages and medical expenses for your pet. Go the the district court in the county in which you live and speak to the clerk. Ask him if he has any civil complaint forms and fill those out. Be sure to state what your damages are and what type of relief you are seeking. You will also need to serve your neighbor with the document either by certified mail or personal service. If he does not answer your complaint within 20 days you can have a default judgment entered against him. From there you can try garnishing his wages or bank accounts. Good luck!
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Thing to do is always to sue.
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You may want to wait to sue until your dog has completely recovered. Did you report the incident to the police? I would because that dog could pose a danger to other animals and children in your neighborhood. It will also bolster your case in court. Remember, don't wait too long to sue because there is a Statute of Limitations (usually 1-2 years but depends on your state). You can sue for your current and future medical bills (i.e., lifetime medications). You can also sue for your fence repair. Was there a witness to the attack other than your neighbor?
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It's a miracle your dog survived. He is probably traumatized, the poor little thing.. and I don't even like nervous tiny ankle biters. Definitely take them to court, write in to the People's Court because I would like to see this on t.v. where everyone could learn about the responsibilty of pet ownership.
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Call the police and charge your neighbour, if it is not too late. Take them to court for damages. Then to civil court for pain and suffering of yourself and your pet. Call the SPCA and report a dangerous dog...let them know the circumstances.
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I hope you made a police report. your dog is your property and you have received damages to your property, via your dog. this is a tort and your neighbor is liable for all damages, including the fence repair. If the neighbor has declined to pay for your damages, hire an attorney and sue him in civil court. You have a good case.
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Did you get a written agreement from her saying that she would take care of all this? If so, you can take her to small claims court and get what's due you but you should also take pictures if the marks are still there.
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